Calvet & Johns

Case [2025] FedCFamC2F 128

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Calvet & Johns [2025] FedCFamC2F 128

File number(s): PAC 6678 of 2023
Judgment of: JUDGE MYERS
Date of judgment: 10 February 2025
Catchwords: FAMILY LAW – interim parenting decision -  one child aged 3 - whether the interim consent orders made on 2 April 2024 providing for the child to spend time with the father at a supervised contact centre should be discharged – whether the child should spend unsupervised time with the father progressing to one overnight each alternate weekend – whether amendments should be made to the father’s current alcohol and drug testing regime – where the court orders that the father’s time be increased but remain supervised – where the court declines to vary interim orders in place with respect to drug and alcohol testing for the father.
Legislation: Family Law Act 1975 (Cth) ss 60CA, 60CC, 65AA, 65D(2), 65DAAA
Cases cited:

Bustillo & Bustillo [2024] FedCFamC1F 556

Fowler & Northwood [2022] FedCFamC1A 173

Franklyn & Franklyn [2019] FamCAFC 256

Goode & Goode [2006] FamCAFC 1346; (2006) FLC 93-286.

Division: Division 2
Number of paragraphs: 82
Date of hearing: 2 December 2024
Place: Parramatta
Counsel for the Applicant: Mr Dura
Solicitor for the Applicant: Justice Family Lawyers Sydney
Counsel for the Respondent: Ms Spain
Solicitor for the Respondent: Barkus Doolan Winning
Solicitor for the Independent Children's Lawyer: Legal Aid NSW

ORDERS

PAC 6678 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:

MR CALVET

Applicant
AND:

MS JOHNS

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE MYERS

DATE OF ORDER:

10 FEBRUARY 2025

THE COURT ORDERS THAT:

1.Order 2 of the Orders made on 2 April 2024 be discharged. 

2.The child X born in 2021 (“X”) spend time with the father for not less than four (4) hours per fortnight with such time to be professionally supervised.

3.In addition to Order 2 above, X shall spend time with the father each alternate Wednesday supervised by B Centre at such time and during such hours as are made available by B Centre.

4.For the purpose of Order 2 above the father must within five (5) days of these Orders, nominate a professional supervision service that will supervise his time for four (4) hours per fortnight with such time to take place on such day and during such hours as are made available by the said professional supervision service.

5.The father shall be solely liable for the cost of the professional supervision service and also the costs of B Centre supervising his time with X.

6.That within seven (7) business days of the date of these Orders, the parties must do all acts and things and sign all documents, enrolment forms and undertake all intake procedures necessary so as to facilitate X’s time being supervised with the father in accordance with these Orders.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for…

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AGLC
Calvet & Johns [2025] FedCFamC2F 128
Case
[2025] FedCFamC2F 128
Decision Date

CaseChat Overview and Summary

The case involved Mr Calvet, the applicant, and Ms Johns, the respondent, in proceedings under the Family Law Act 1975 (Cth). The dispute centred around the interim parenting arrangements for their child, X, who was born in 2021. The primary issue before the court was whether the interim consent orders made on 2 April 2024, which provided for the child to spend time with the father at a supervised contact centre, should be discharged or amended. Specifically, the court needed to decide if the child should spend unsupervised time with the father, beginning with supervised time and progressing to one overnight each alternate weekend. Additionally, the court was required to consider whether amendments should be made to the father’s current alcohol and drug testing regime.

The court carefully considered the evidence presented and the welfare of the child. In its reasoning, the court noted the child’s young age and the importance of supervised contact given the father’s history. The court acknowledged the father's commitment to rehabilitation and the steps he had taken to address his alcohol and drug issues. However, the court determined that while the father’s time with the child should be increased, it must remain supervised to ensure the child’s safety and well-being. The court declined to vary the interim orders in place with respect to drug and alcohol testing for the father, finding that the existing measures were adequate.

The court ultimately ordered that the interim consent orders be partially discharged, with the child spending time with the father for a minimum of four hours per fortnight, to be professionally supervised. Additionally, the court ordered that the child spend time with the father each alternate Wednesday, supervised by a specified centre. The father was required to nominate a professional supervision service within five days and would bear the costs of this supervision. The parties were also required to facilitate the supervised contact within seven business days of the order. The form of the order was subject to entry in the court's records, with provisions for potential review or variation under the relevant rules.

Orders

Orders of the court

PAC 6678 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR CALVET

Applicant

AND:

MS JOHNS

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE MYERS

DATE OF ORDER:

10 FEBRUARY 2025

THE COURT ORDERS THAT:

1. Order 2 of the Orders made on 2 April 2024 be discharged.

2. The child X born in 2021 (“X”) spend time with the father for not less than four (4) hours per fortnight with such time to be professionally supervised.

3. In addition to Order 2 above, X shall spend time with the father each alternate Wednesday supervised by B Centre at such time and during such hours as are made available by B Centre.

4. For the purpose of Order 2 above the father must within five (5) days of these Orders, nominate a professional supervision service that will supervise his time for four (4) hours per fortnight with such time to take place on such day and during such hours as are made available by the said professional supervision service.

5. The father shall be solely liable for the cost of the professional supervision service and also the costs of B Centre supervising his time with X.

6. That within seven (7) business days of the date of these Orders, the parties must do all acts and things and sign all documents, enrolment forms and undertake all intake procedures necessary so as to facilitate X’s time being supervised with the father in accordance with these Orders.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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